QUESTION
Do I qualify for getting a green card through employment?
Asked on Feb 22nd, 2014 on Immigration - California
More details to this question:
I work at a small beverage company owned by a relative. I work as an accountant, and I also take orders from customers. I manage everything that happens in the company. I'm on a B2 visa right now. Am I eligible to apply for a green card through employment? What does my employer need to do to sponsor me? Is there a minimum salary my employer should pay me? What steps should I take to apply? (Initial steps)
5 ANSWERS
Adebola O. Asekun
There are several requirements that both you and your prospective employer must comply with before you obtain employment based green card, including the ability of your employer to pay your prevailing wages in the area of intended employment and your ability to perform the job offered based a combination of academic qualifications and experience. But before I go too far, you may already have disqualified yourself if you have been employed without authorization as a B-2 tourist. Therefore, even if you and your employer meet the basic requirements, both you and your intended employer have violated US immigration laws. (you) because, you worked without CIS authorization and your employer because he employed an unauthorized alien). There are strict consequences for violations of immigration laws. One of which is that aliens seeking employment based green card must, for the most part be in lawful status. And it appears you fell out of status when you accepted unauthorized employment. There might be avenues to correct your errors of judgment but first, you need to consult in detail with an experienced immigration attorney.
Answered on Feb 26th, 2014 at 4:39 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Whether your sponsor can apply for a green card for you depends on many factors, including the job description, finances of the company, your education and professional qualifications, etc. In any event, however, the process of obtaining a green card for you will take much longer than you might be able to stay in the U.S. on your B1 visa. If you fall out of status (overstay the time you were allowed to be in the U.S.), you will not be able to get a green card. (By the way, you cannot legally work while you are in the U.S. on a B visa: if you work and earn any kind of compensation, you violate the terms of your status, and your visa gets cancelled automatically.) Consult with an immigration attorney to see what non-immigrant visa you might be eligible to receive that would allow you to stay in the U.S. (and, possibly, work) while your employer applies for a green card for you.
Answered on Feb 26th, 2014 at 4:39 AM
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It is H-1B season and our Immigration Law Office is preparing to file nonimmigrant professional and specialty occupation work visas on March 31st to arrive at the USCIS on April 1st. It is best to file as close to April 1st as you can. There are a limited number of these professional work visas available and they are good for an initial grant of three years and they can be extended another three years. There may be other options too. We really need to review your resume and to speak to you. If you would like to explore the possibility of obtaining a work visa please contact one of our immigration lawyers.
Answered on Feb 26th, 2014 at 4:38 AM
Not a easy case, the employer needs to show that it cannot hire a US worker for your job to even start the case. See a good immigration attorney for a consultation.
Answered on Feb 26th, 2014 at 4:38 AM
Immigration Law Attorney serving Glendale, CA
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Law Office of Josue S. Villanueva
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You just violated your B2 visa by engaging in illegal employment.
Answered on Feb 25th, 2014 at 5:45 PM